STATEMENT OF FACTS

1. Sajid Lone, a political leader in the State of Kulpama, India is a religious

fundamentalist who usually criticizes governmental policies and has manipulated
several youth with his separatist ideology.

2. On a source information, a huge cache of explosive was seized from the house of
Mr. Sajid, and FIR was lodged against him. After being released on a regular bail, he
continued making adverse remarks.

3. The State Government observed that the activities of Sajid are highly prejudicial to
the security of the State and concluded that normal laws are not sufficient to deter him
from anti national activities. Hence the provisions of Kulpama Public Safety Act was
invoked.

4. Based on the observations, the District Magistrate, through an order directed Sajid
Lone to be detained for a period of months on 02-10-2018.

5. The grounds of detention were also served upon the detenu through Superintendent
of Police, Kulpama on 0510-2018.

6. The detenu was provided an opportunity to make representation before the District
Magistrate which was rejected by the said authority. The State government affirmed
the order of detention after the the report by the Advisory Board on 10-12-2018.

7. The detenu filed a Writ Petition before the High Court of Kulpama and claimed to
set aside the detention order which was violative of his Fundamental Rights. He also
contended that District Magistrate is also not the appropriate authority to pass the
detention order and consider the representation.

8. The High Court after hearing, dismissed the petition ans stated that the entire
documents are devoid of any infirmity and arbitrariness and upheld the order of
detention which is in the interest of public safety. The High Court also held that the
District Magistrate is the appropriate authority.

9. Lastly, the detenu filed a Special Leave Petition before the Supreme Court under
Article 136 of Constitution of India challenging the order passed by High Court in the
Writ Petition.